Page:1862 Territory of Dakota Session Laws.pdf/372

CHAP. XLIX.] payment of the amount of such judgment, interest, and costs, and costs that may accrue; which undertaking shall be entered on the docket of the justice, and be signed by the surety.

. 137. The stay of execution hereby authorized shall be graduated as follows, namely: 1. On any judgment for five dollars and under, the stay shall be for sixty days, and on all sums over fifty and under one hundred dollars, the stay shall be for six months. 2. On any judgment exceeding five and under fifty dollars, the stay shall be for ninety days. 3. Where judgment is obtained against a surety, and he takes a stay thereon, and he obtains judgment against the principal, stay of execution must be allowed on the judgment against the principal only so long, that the stay will expire one month before that allowed to the surety on the judgment against him.

. 138. No stay of execution on judgments rendered in the following cases shall be allowed. 1. On judgments rendered against justices of the peace for refusing to pay over money by them collected or received in their official capacity. 2. On any judgment rendered against a constable for failing to make return, making a false return, or refusing to pay over money collected in his official capacity. 3. On judgments against bail for the stay of execution. 4. Where judgment is rendered in favor of bail, who have been compelled by judgment to pay over money on account of their principal. 5 On judgments obtained by constables or undertakings executed to them for the delivery of property.

. 139. If the execution issued before the undertaking for stay, or that required in case of appeal be given, and such undertaking be given afterward, and within the time allowed, the justice shall recall the execution.

. 140. Where any person who has become bail for stay of execution, shall remove before the expiration of such stay, into any other county or state, the justice shall, on demand, issue execution against the goods and chattels of the defendant, or other party against whom the original judgment was rendered, to be proceeded with as in other cases. When When surety may be obliged to any surety for the stay of execution shall become apprehensive that, by delaying the execution until the expiration of the full time of such stay, he or she may be compelled to